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FREQUENTLY ASKED QUESTIONS AND ANSWERS

Do employees need to give notice when planning to return to work from pregnancy or parental leave?

Yes, employees are generally required to provide written notice of their intention to return to work.

  • Federal: Under the Canada Labour Code, employees must give at least four weeks’ written notice of their intended return-to-work date.
  • Provincial/Territorial: Most provinces and territories have similar requirements, often mirroring the notice period required for the initial leave. In Ontario, employees are not required to advise their employer of the end date of their pregnancy or parental leave.

If an employee fails to or is not required to provide notice, the default assumption is that they will take their full entitlement. It is important to note that an employee’s failure to provide notice of the start or end of pregnancy or parental leave will not disentitle them to these leaves.

Employers should review the applicable legislation and clearly communicate notice expectations to employees to ensure compliance and a smooth return-to-work process.

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Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

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